commonly called "Ecstasy"—to compute Bennett's drug quantity under theSentencing Guidelines. The district court denied Bennett's objection and sentencedBennett at the bottom of the advisory Guidelines range to 57 months' imprisonment.Bennett appeals and, for the reasons that follow, we affirm.I.
On August 11, 2008, Jackson County, Missouri Drug Task Force officers purchased 50 tablets of BZP for $400 from Bennett through a confidential informant.On August 21, 2008, an undercover detective purchased five tablets of BZP for $50from Bennett. On August 29, 2008, a second detective purchased 100 BZP tablets for $775. On September 4, 2008, authorities purchased another 100 tablets for $750.On October 29, 2008, authorities arrested Bennett after a failed attempt to purchase another 100 BZP tablets. Bennett waived his
rights and promptlyconfessed to selling the tablets and purchasing them from his codefendant, Randy"Roller Coaster" Robinson. Subsequently, Bennett pleaded guilty to two counts of distributing BZP, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C), and onecount of conspiring to distribute BZP, in violation of 21 U.S.C. §§ 841(a)(1),841(b)(1)(C) and 846.Before his sentencing hearing, Bennett filed a sentencing memorandum arguingthat the "sentencing guidelines contain no reference to BZP at all" and that,"[b]ecause the Sentencing Commission has not studied BZP, the court has no basisto defer to the advisory guideline range as a reasonable sentence." Bennett attachedto his sentencing memorandum a study from the National Drug Intelligence Center indicating that the typical dosage of BZP ranges from 20 to 200 milligrams, and that"BZP is 10 to 20 times less potent than amphetamine." Bennett also cited a districtcourt case from the Middle District of Alabama in which the district judge concludedthat BZP was less potent than Ecstasy and varied downward on that basis.
See United States v. Rose
, 722 F. Supp. 2d 1286 (M.D. Ala. 2010).-2-